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What is NYC ZR § 33-121?

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This section establishes the maximum floor area ratio for zoning lots containing commercial or community facility uses in specified districts. The maximum ratios are determined by the corresponding Residence District regulations. Applies to property owners in designated commercial districts with mixed-use developments.

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§ 33-121 In districts with bulk governed by Residence District bulk regulations

ZR § 33-121

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, for a zoning lot containing a commercial or community facility use, the maximum floor area ratio is determined by the Residence District within which such Commercial District is mapped and shall not exceed the maximum floor area ratio set forth in the following table:

MAXIMUM FLOOR AREA RATIO

District

Column A

For Zoning Lots Containing only Commercial use

Column B

For Zoning Lots Containing only Community facility use

Column C

For Zoning Lots Containing both Commercial and Community facility uses

R1 R2

1.00

0.50

R3-1 R3A R3X

R3-2

1.60

R4 R5

2.00

R5D R6B

R6D R6-2

2.50

R6A R7B

3.00

R7A R8B

4.00*

4.00

R7D

4.66

R6 R6-1 R7-1

4.80

R7X

5.00

R7-2 R7-3 R8 R8A

6.50

R8X

6.00

R9 R9-1

10.00

R9A

7.50

R9D

9.00

R9X

R10

R11

12.00

R12

15.00

________

In R8B Districts, within the boundaries of Community District 8 in the Borough of Manhattan, the maximum floor area ratio on a zoning lot containing community facility use exclusively shall not exceed 5.10

In addition, the following provisions shall apply:

(a)For zoning lots containing both commercial uses and community facility uses, the total floor area used for commercial uses shall not exceed the amount permitted for zoning lots containing only commercial uses set forth in Column A.

(b)In C1 and C2 Districts mapped within R1 and R2 Districts, the maximum floor area ratio for community facility uses on a zoning lot containing both commercial uses and community facility uses is 0.50 unless it is increased pursuant to the special permit provisions of Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts.)

(c)In C1 and C2 Districts mapped within R1, R2, R3-1, R3A and R3X Districts in the Borough of Staten Island and in Community District 10 in the Borough of the Bronx, the maximum floor area ratio for any zoning lot containing a building used for ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), or child care services listed under the definition of school in Section 12-10 (DEFINITIONS) shall be 1.2.

(d)In C1 and C2 Districts mapped within R3, R4, R5, R6, R7, R8 and R9 Districts, for any zoning lot containing philanthropic or non-profit institutions with sleeping accommodations, or in C1 and C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B and R5D Districts, for any zoning lot containing long-term care facilities, the total floor area for all such community facility uses shall not exceed the amount as set forth in paragraphs (b) or (c) of Section 24-111 (Maximum floor area ratio for certain community facility uses) unless modified pursuant to Section 74-903 (Certain community facility uses in R3 to R9 Districts and certain Commercial Districts.

(e)The maximum floor area ratio for any zoning lot used partly for commercial uses and partly for long-term care facilities in C1 and C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B and R5D Districts, or philanthropic or non-profit institutions with sleeping accommodations in C1 or C2 Districts mapped within R3 through R9 Districts, shall not exceed the amount permitted for a zoning lot containing commercial uses as set forth for the applicable Residence District within which such Commercial District is mapped in Column A. However, for the districts in which the allowable floor area ratio, as set forth in paragraphs (b) or (c) of Section 24-111 exceeds the amount permitted for a zoning lot containing commercial uses, as set forth in Column A, the provisions of paragraphs (b) or (c) of Section 24-111, as applicable, shall be used to compute the maximum floor area permissible for the zoning lot unless modified pursuant to Section 74-903.

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